Tampabay.com
AUGUST 30, 2007

Democrats sue over DNC primary stance

Details to come, but the Buzz is that Hillsborough Democratic activists Vic DiMaio and Michael Steinberg are suing the DNC over the primary issue. From the legal eagles we've talked to, this won't be a slam dunk. On the one hand the Supreme Court has recognized the right of parties to control their nominating process, but on the other Florida has voting rights counties that could come into play if people's ability to participate is impeded.

From Bill Varian: The lawsuit was filed in the Middle District of Florida, Tampa Division, by Victor DiMaio, a long-time political consultant who also serves on the Hillsborough County Democratic Executive Committee. He is represented by Social Security lawyer Michael Steinberg, a perennial candidate for office who also sits on the executive committee and served as a Florida delegate in 2004.

The lawsuit is a declaratory action, meaning DiMaio is seeking clarification of the law rather than damages. It names the Democratic National Committee and Florida Democratic Party as defendants.

Steinberg acknowledged that a 1981 U.S. Supreme Court out of Wisconsin confirmed the right of national parties to determine how they chose their presidential nominees. But he said a 1944 U.S. Supreme Court case struck down a state rule that forbid blacks from serving as delegates, on part of equal protection grounds.

He said he believes the two rulings providing conflicting guidance.

As such, Steinberg said there is a need to clarify whether political parties have an absolute right to set voting rules. Not clarifying the issue now may invite chaos during the general election campaign, in part by inviting lawsuits from any candidate who loses by a narrow minority, and once again bring ridicule on Florida, he said.

"We're asking the courts to determine whether the national party rules supercede states' right to set a primary," Steinberg said.

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